BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130021226 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his military records to show he is entitled to receive a non-prior service enlistment bonus (NPSEB) of $20,000.00.

2.  The applicant states he was misled by his recruiter to unnecessarily enlist in the Illinois Army National Guard (ILARNG) while living in and going to school in Iowa, and then adding incentives to his contract that he was not eligible to receive because he was living in another state.  Furthermore, he was not informed of any negative repercussions that could happen if he chose to transfer to another ARNG unit.  He states he was living and going to school in Cedar Falls, Iowa when researching enlistment in the ARNG.  He was contacted by an ILARNG recruiter who convinced him to join the ILARNG and to transfer to the Iowa Army National Guard (IAARNG) after completion of basic and advanced individual training.  The recruiter informed him that no problems would arise from transferring to the IAARNG from the ILARNG.  During the transfer itself he was not offered, nor received, any incentive counseling whatsoever.  He was not aware that transferring from Illinois to Iowa would affect his enlistment bonus.  A reclassification of his military occupational specialty (MOS) was required upon transferring because Iowa did not have his primary MOS of 19D available.

3.  The applicant provides copies of:

* DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Document - Armed Forces of the United States) dated 1 May 2008
* Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus Addendum, Army National Guard of the United States), dated 1 May 2008
* Enlisted Record Brief (ERB) dated 2 November 2013
* DD Form 2058 (State of Legal Residence Certificate) dated 2 November 2013
* Orders 14-309-0007, IAARNG, dated 5 November 2013
* Orders 323-015, IAARNG, dated 19 November 2013
* Orders 361-0082, Fort Hood, TX, dated 27 December 2013

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a member of the IAARNG, serving as a specialist, pay grade E-4 with Company B, 248th Army Support Battalion.

2.  A DD Form 4/1, as provided by the applicant and on file in his Army Military Human Resource Record (AMHRR), shows that he enlisted in the ARNG of the United States and as a Reserve of the Army on 1 May 2008, for a period of 
8 years.

3.  A DD Form 4/2, as provided by the applicant and on file in his AMHRR, shows that the applicant enlisted in the ILARNG for a period of 6 years beginning on 
1 May 2008.

4.  An Annex E to DD Form 4 shows that:

	a.  the applicant contracted for an NPSEB of $20,000.00.  It further shows that he enlisted for assignment to Troop B, 2nd Squadron, 106th Cavalry in MOS 19D.  This is identified as a critical unit authorized an NPSEB in a lump sum payment.

	b.  Section VI - Termination with Recoupment states that a voluntary transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment would result in a recoupment of the bonus.  Such recoupment was to be calculated based on the date of the transfer.

	c.  The annex indicates that the applicant signed the agreement on 1 May 2008.

5.  The applicant's DD Form 214 ending on 6 November 2008 reports that he had completed his initial training and was awarded MOS 19D (Cavalry Scout).  He was released from active duty training and transferred back to the 106th Cavalry Regiment, ILARNG.
6.  National Guard Bureau (NGB) Form 22-5 (Addendum to DD Form 4) dated 
29 March 2010, indicates this form is used to coordinate transfers of ARNG Soldiers between states.  This document indicates that on 3 March 2010 the applicant voluntarily transferred from his unit in Illinois to the 248th Aviation Support Battalion in Iowa.

7.  Orders 089-325, State of Illinois, dated 30 March 2010, announced the transfer of the applicant from the 106th Cavalry, ILARNG to the 248th Aviation Support Battalion, IAARNG, with an effective date of 3 March 2010.  These orders indicate the verbal orders of The Adjutants General of both Illinois and Iowa.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington, DC.  The opinion stated:

	a.  that the applicant had enlisted in the ILARNG on 1 May 2008 in critical skill MOS 19D with a $20,000.00 NPSEB;

	b.  that the applicant subsequently opted to transfer to the IAARNG where his MOS was not available.  He was reclassified into MOS 15T (UH-60 Helicopter Repairer);

	c.  that he has served continuously since his initial enlistment to include deployments;

	d.  that he has been advised his bonus is being recouped;

	e.  that his original contract states his enlistment bonus would be terminated “without” recoupment upon: "voluntary transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment;

	f.  that recoupment was to be calculated from the date of transfer;

	g.  that the applicant contends he was never counseled regarding the loss of his bonus;

	h.  that both the losing and gaining units were responsible for advising the applicant about the consequences of the transfer;

	i.  that the failure in this case was with the ARNG; and

	j.  that the applicant should be granted relief.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he is entitled to receive an NPSEB of $20,000.00 because he was not informed of any negative repercussions that could happen if he chose to transfer to another ARNG unit.

2.  The available evidence clearly shows that in 2008 the applicant enlisted in a qualifying unit for a qualifying critical skill MOS for receipt of a NPSEB.  This bonus was to be paid in a lump sum of $20,000.00.  His enlistment agreement was for 6 years.

3.  His enlistment addendum clearly states that if he voluntarily transferred into a non-critical MOS or transferred from the unit for which the bonus was awarded, the bonus would be recouped.

4.  The applicant contends that he was not properly counseled concerning the consequences of his change in MOS and unit of assignment.  However, he has not provided any documentation showing that he was not counseled.

5.  The advisory opinion contends the failure was with the ARNG.  However, it appears that this is only an opinion based on the applicant's contention that he was not counseled.

6.  Notwithstanding the recommendation of the advisory opinion to grant relief, it would not be prudent in this case to do so.  The applicant's contract, which he signed, clearly states he would be required to return a portion of the NPSEB for any time he failed to comply with the MOS and unit requirements associated with his bonus.

7.  In view of the above, there is no convincing evidence showing that there was any error or injustice in this case.  Accordingly, the applicant's request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130021226





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ABCMR Record of Proceedings (cont)                                         AR20130021226



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